Fairfax U Visa Application Process

To apply for a U visa in Fairfax, the first step is to apply for a law enforcement certification from the police and prosecutor’s office or another investigative agency. In some cases, agencies like Child Protective Services can be involved or the Department of Labor in some limited circumstances.

Initially, the law enforcement agency that was involved in the investigation or that was involved in the prosecution must sign off on a certification. This is a short three-page form that states that a person was the victim of the qualifying crime and that they were helpful in the investigation or prosecution.

To begin the Fairfax U visa application process, an individual should be sure to contact an attorney as soon as possible. An experienced attorney will be able to help an individual gather all the information they need to effectively process a claim.

Submitting the Application

Once a person has certification from the police and prosecutor’s office, it is that person’s ticket to apply for a U visa. The next step is to submit the actual U visa application form which is found on USCIS Form I-918. Then, the individual needs to submit other applications in conjunction with it, but in case that a person is otherwise inadmissible, they need to submit Form I-192 and ask for a waiver along with their grounds of inadmissibility.

If the individual is going to apply for family members, then they will need to submit those applications as well. These are found on Form I-918-A and are crucial to the Fairfax U visa application process.

Applying from Abroad

The U visa application process in Fairfax is the same even if they are applying from outside of the United States. If the individual received the initial provisional approval from the Vermont Service Center, and that person is in the United States, then they can apply for work authorization. If they are in a somewhat legal status, it will be a deferred action status for the period that they are waiting for the new U visa number to become available.

However, if a person is outside of the United States, they will have to wait for the actual U visa to be issued before they can enter the United States. This is a longer waiting period, but the application process is the same.

Providing Testimony

An individual going through the U visa application process in Fairfax does not necessarily have to provide a formal testimony. There does not need to be a trial or anything like that, but the testimony, as far as the explanation of their victimization goes, is a required part of the application. This is a statement in which the individual describes the crime of which they were the victim and the suffering that they incurred as a result of it.

Necessity of a Conviction

In many cases, a conviction does not have to occur to be a part of the Fairfax U visa application process. In many cases, there is not even an actual prosecution because the perpetrator cannot be located. The simple requirement is that the individual has to be cooperative in whatever investigation or prosecution that occurs.

However far it goes and however much help the prosecutors and the police department wants, the individual has to provide that. But in many cases, the individual’s cooperation ends after they have filed a police report if there are no formal charges that are filed.

Necessity of Signed Certification

A person can submit supporting letters in their Fairfax U visa application from people who know about the suffering that they have incurred as a result of the crime. For instance, if somebody is the victim of a sexual assault and their family members know the harm that they suffered as a result of this assault, then they can submit statements or letters about the pain and the suffering even if they did not witness the crime or were not victims themselves.

However, to qualify for the U visa itself, an individual needs a Fairfax U visa certification signed by a law enforcement agency that says that they were the victim of the crime. In some limited circumstances, indirect victims can apply and those are in situations in which they have a family member who was victimized. This can also happen in cases where there is sexual assault of a child and the individual is the parent of the child, and maybe the child is a U.S. citizen so the parent does not need the U visa. But as the parent, they can argue that they are indirectly affected by the assault.

In another case, an individual may have witnessed a murder or something horrific done to a family member. In those cases, the individual can apply as an indirect victim, but they need to consult with an immigration attorney prior to doing that.

Fairfax U Visa Application Process